SHIV SINGH RAKHA DAS Vs. JIWAN DASS

JUDGEMENT

(1.) This is a regular second appeal instituted by Shiv Singh defendant from the judgment and decree of the Senior Subordinate Judge, Hoshiarpur, dismissing his appeal and concurring with the decision of the trial Court granting the plaintiffs a decree for joint possession of the land in suit as occupancy tenants to the extent of one-half share held by Moti Das deceased.

(2.) The following pedigree-table will be helpful in understanding the nature of the dispute : (See the pedigree table on next page.)

(3.) The plaintiffs instituted a suit for possession of the land detailed in the plaint alleging that Moti Das was recorded as occupancy tenant of the land and the plaintiffs had become owners by virtue of Act No. 8 of 1953 (The Punjab Occupancy Tenants (Vesting of Proprietary Rights) Act, 1953). Moti Das had not been heard of for more than seven years by those who would naturally have heard of him if he had been alive and, therefore, in view of the provisions of Section 10S of the Indian Evidence Act he should be deemed to have died. It was contended that the plaintiffs and defendant No. 9 were his collaterals and they were entitled to succeed to him.